AUSTRALIA
Royal Commission into Institutional Responses to Child Sexual Abuse
Media Statement from Justice Peter McClellan AM – Chair of the Royal Commission into Institutional Responses to Child Sexual Abuse
Our purpose in meeting with you this afternoon is to briefly explain how the Commission will approach its work in accordance with the Letters Patent and the steps which must be taken before the Commission can commence the process of gathering evidence.
The Royal Commission has been charged with examining the sexual abuse of children in the context of institutions throughout Australia. Having regard to what is already publicly known of these problems the task before the Commission is large. However, until the Commission has commenced its work and people come forward to give us an account of their personal circumstances we cannot gauge the full extent of that task. In recognition of the complexity of the issues which the Commission must examine the government has appointed six commissioners. Each of us has different backgrounds, professional experience, qualifications and expertise. We live in different regions of Australia. To assist the Commission in its work we understand that the government proposes to amend the Royal Commissions Act to provide that the Commissioners need not all sit when conducting a formal hearing. If that legislative change is made the Commission will utilise this capacity in an endeavour to gain a complete understanding of the problems in various parts of Australia in the most efficient manner possible. Even with this legislative change our task is complex and will take significant time.
It is important to understand that the Commission is not a prosecuting body. Our investigative processes will be utilised to receive and consider what we expect will be accounts by individuals who tell of their experience when living within or when they were associated with an institution. The Commission will be concerned to examine these individual accounts to determine how the circumstances arose, the relevant management practices of the institution in which they occurred and the response which the institution has made to any complaint of sexual abuse by an individual. Because the Commission is not a prosecuting body it will establish links with the appropriate authorities in each State and Territory to whom a matter may be referred with the expectation that where appropriate prosecutorial proceedings may commence. It is also important to understand that the Commission is not charged with determining whether any person may be entitled to compensation for any injury which they may have suffered.
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